Delivery of un claimed not to pre same so referred and determined, or is dissatisfied with the decision on that determination, he may within three months after the expiration of a year from the time when the wreck (y) has come into the receiver's (z) hands, or from the date of the decision, as the case may be, take proceedings in any court having jurisdiction in the matter for establishing his title. 527. Upon delivery of wreck (y) or payment of the proceeds of sale of wreck (y) by a receiver (z), in pursuance of wreck by the provisions of this Part of this Act (a), the receiver (2) receivers shall be discharged from all liability in respect thereof, judice but the delivery thereof shall not prejudice or affect any 1862, s. 52. question which may be raised by third parties concerning the right or title to the wreck (y), or concerning the title to the soil of the place on which the wreck was found. title. Power to Trade to 528.-(1.) The Board of Trade may, with the consent of Board of the Treasury, out of the revenue arising under this Part purchase of this Act, purchase for and on behalf of Her Majesty any rights to wreck (y) possessed by any person other than Her Majesty. rights to Admiral not to interfere with wreck. 1854, 98. 440. (2.) For the purpose of a purchase under this section, the provisions of the Lands Clauses Act (b) relating to the purchase of lands by agreement shall be incorporated with this Part of this Act, and in the construction of those Acts for the purposes of this section this Part of this Act shall be deemed to be the special Act, and any such right to wreck (y) as aforesaid shall be deemed to be an interest in land authorized to be taken by the special Act, and Her Majesty shall be deemed to be the promoter of the undertaking. 529. No admiral, vice-admiral, or other person, under whatever denomination, exercising Admiralty jurisdiction, shall, as such, by himself or his agents, receive, take, or interfere with any wreck except as authorized by this Act (c). (y) § 510, and notes. (z) § 566. (a) §§ 521, 525, (b) Int. Act, 1889, § 23. Removal of Wrecks. Removal of Wrecks. of wreck servancy 530. Where any vessel (d) is sunk, stranded, or abandoned in any harbour (e) or tidal water (e) under the control of a Removal harbour (e) or conservancy authority (e), or in or near any by harbour approach thereto, in such manner as in the opinion of the or conauthority to be, or be likely to become, an obstruction or authority. danger to navigation or to lifeboats engaged in lifeboat 40 & 41 service (e) in that harbour (e) or water (e) or in any ap- s. 4. proach thereto, that authority may Vict. c. 16, 52 & 53 Vict. c. 5, (a) take possession of, and raise, remove, or destroy (ƒ) s. 4. (b) light or buoy any such vessel (d) or part until the (d) Wider than "ship; " see § 742, and note. It here includes all cargo and equipment; see § 532. (e) Defined, § 742. (g) There is no power given by this section to recover the deficit from the owner, if the expenses exceed the proceeds. This power only exists where the harbour authorities have incorporated in their governing Acts the Harbours, Docks, and Piers Clauses Act, 1847 (10 & 11 Vict. c. 27), § 56, i.e. "The harbour master may remove any wreck or other obstruction to the harbour, dock, or pier, or the approaches to the same, and also any floating timber which impedes the navigation thereof, and the expense of removing any such wreck, obstruction, or floating timber shall be repaid by the owner of the same, and the harbour master may detain any such wreck or floating In The Arrow Shipping Co. v. Power of 40 & 41 8. 5. 43 & 44 (1.) A sale shall not (except in the case of property which is of a perishable nature, or which would deteriorate in value by delay) be made under this section until at least seven clear days' notice of the intended sale has been given by advertisement in some local newspaper circulating in or near the district over which the authority have control; and (2.) At any time before any property is sold under this section, the owner thereof shall be entitled to have the same delivered to him on payment to the authority of the fair market value thereof, to be ascertained by agreement between the authority and the owner, or failing agreement by some person to be named for the purpose by the Board of Trade, and the sum paid to the authority as the value of any property under this provision shall, for the purposes of this section, be deemed to be the proceeds of sale of that property. 531.-(1.) Where any vessel (h) is sunk, stranded, or lighthouse abandoned in any fairway, or on the seashore or on or authority to remove near any rock, shoal, or bank, in the British Islands (i), wreck. or any of the adjacent seas or islands, and there is not any Vict. c. 16, harbour (k) or conservancy authority (k) having power to raise, remove, or destroy the vessel, the general lighthouse Vict. c. 22, authority (1) for the place in or near which the vessel is situate shall, if in their opinion the vessel (k) is, or is likely Vict. c. 5, to become, an obstruction or danger to navigation or to lifeboats engaged in the lifeboat service (k), have the same powers in relation thereto as are by this Part of this Act conferred upon a harbour or conservancy authority (m). 8. 5. 52 & 53 ss. 4, 5. (2.) All expenses incurred by the general lighthouse authority (1) under this section, and not reimbursed in manner provided by this Part of this Act (n), shall be paid out of the Mercantile Marine Fund (0), but shall be subject to the like estimate, account, and sanction as the expenses of a general lighthouse authority, other than establishment expenses (p). removal to 40 & 41 532. The provisions of this Part of this Act relating to Powers of removal of wrecks shall apply to every article or thing or extend to collection of things being or forming part of the tackle, tackle, equipments, cargo, stores, or ballast of a vessel in the cargo, &c. same manner as if it were included in the term "vessel," Vict. c. 16, and for the purposes of these provisions any proceeds of sale arising from a vessel and from the cargo thereof, or any other property recovered therefrom, shall be regarded as a common fund (q). s. 6. Board of Trade certain 533. If any question arises between a harbour (r) or Power for conservancy (r) authority on the one hand and a general de to lighthouse authority (s) on the other hand as to their respec- determine tive powers under this Part of this Act for the removal of questions wrecks, in relation to any place being in or near an between approach to a harbour (r) or tidal water (r), that question ties. shall, on the application of either authority, be to the decision of the Board of Trade, and the decision of that Board shall be final. authori referred 40 & 41 Vict. c. 16, s. 7. be cumu 534. The powers conferred by this Part of this Act on Powers to a harbour (r), conservancy (r), or lighthouse (s), authority, lative. for the removal of wrecks shall be in addition to and 40 & 41 not in derogation of any other powers for a like object (†). Offences in respect of Wreck (u). Vict. c. 16, s 8. Offences in respect of Wreck. 535. If any person takes into any foreign port (1) any vessel (r), stranded, derelict, or otherwise in distress, found Taking on or near the coasts of the United Kingdom or any tidal wreck to water (r) within the limits of the United Kingdom, or any foreign part of the cargo or apparel thereof, or anything belonging 1854, s. 479. therefore, can apportion the expenses 54 & 55 () Wider than "ship;" see notes Inter fering with wrecked vessel or wreck. 1854, s. 478. Summary thereto, or any wreck found within those limits, and there sells the same, that person shall be guilty of felony, and on conviction thereof shall be liable to be kept in penal servitude for a term not less than three years and not exceeding five years. 536.-(1.) A person shall not without the leave of the master (y) board or endeavour to board any vessel (2) which is wrecked, stranded, or in distress, unless that person is, or acts by command of, the receiver (a) or a person lawfully acting as such, and if any person acts in contravention of this enactment, he shall for each offence be liable to a fine not exceeding fifty pounds (b), and the master (y) of the vessel may repel him by force. (2.) A person shall not— (a.) impede or hinder, or endeavour in any way to (c.) wrongfully carry away or remove any part of a and if any person acts in contravention of this enactment, he shall be liable for each offence to a fine not exceeding fifty pounds (b), and that fine may be inflicted in addition to any punishment to which he may be liable by law under this Act or otherwise. 537.-(1.) Where a receiver (a) suspects or receives inprocedure formation that any wreck (c) is secreted or in the possession for con cealment of some person, who is not the of wreck. 1854, s. 45. owner thereof or that any (b) Procedure, §§ 680-684; fine how applicable, §§ 699, 716. (c) § 510, and notes. |